Data Protection Declaration
We are very pleased to welcome you to our website and should like to thank you for the interest you have shown in our company, our products and our website. It's important to us that your private sphere is protected when you visit our website. You should therefore take note of the following information.
Data Protection Policy
Data protection is of particular importance to our company. In principle, the website can be used without access to any personal data. However, if any special services provided by our company online are required, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally seek to obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the Federal Data Protection Act (BDSG), the EU General Data Protection Regulation (GDPR) effective from 25 May 2018 and other applicable laws. With this data protection declaration, our company would like to make a statement about the type, scope and purpose of the personal data processed by us and inform affected persons (data subjects) about their rights.
Our company has implemented numerous technical and organisational measures to ensure the most comprehensive protection of processed personal data. Nevertheless, Internet-based data transmissions can suffer from security gaps, therefore absolute protection cannot be guaranteed.
1.1 Personal data
Personal data is "all information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"); an identifiable natural person is one who can be identified directly or indirectly, in particular by assignment to an identification such as a name, an identification number, location data, an online identification or to one or more special features that express the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person" (GDPR Article 4 Section 1).
1.2 Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the person responsible for data processing.
Processing means any operation or series of operations carried out with or without the aid of automated procedures in relation to personal data, such as acquisition, collection, organisation, sorting, storage, adaptation or alteration, reading, retrieval, use, disclosure by transmission, dissemination or any other form of provision, comparison or linking, restriction, deletion or removal.
1.4 Limitation of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
Profiling is any type of automated processing of personal data in which such personal data is used to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, conduct, whereabouts or relocation of that natural person.
Pseudonymisation is the processing of personal data in which the personal data can no longer be assigned to a specific data subject without the use of additional information. This additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not assigned to an identified or identifiable natural person.
1.7 Controller or data controller
Data controller or controller is the natural or legal person, public authority, institution or any other body which alone or jointly with others makes decisions on the purposes and means of processing of personal data.
Processor is a natural or legal person, authority, institution or any other body that processes personal data on behalf of the data controller.
Recipient is a natural or legal person, authority, institution or any other body to which personal data is disclosed, regardless of whether it is a third party or not. However, state authorities which may receive personal data under the EU law or the law of the member states within the framework of a particular investigation mandate shall not be regarded as recipients.
1.10 Third parties
A third party is a natural or legal person, authority, institution or other body other than the data subject, the controller, the data processor and the persons authorised to process the personal data under the direct responsibility of the data processor or the data processor.
Consent shall mean any informed and unequivocal expression of will voluntarily given by the data subject in a particular case in the form of a declaration or other clear affirmative act by which the data subject indicates their consent to the processing of personal data therewith.
2 Controllers’ name and address
The controller in the sense of the GDPR is the following entity:
Tel.: +49 89 61 44 25-0
Fax: +49 89 61 44 25-200
3 Contact details of our external data protection officer
Herr Michael Gruber
Any person concerned can contact our data protection officer directly with any questions and suggestions regarding data protection.
5 Collection of general data and information
The ITD GmbH web server collects a series of general data and information each time a person or an automated system accesses the website. This general data and information is stored in the log files of the server. We may record the types and versions of browsers used, the operating system used by the accessing system, the website from which an accessing system accesses our website, the subwebsites accessed via an accessing system on our website, the date and time of access to the website, the Internet protocol address (IP address), the Internet service provider of the accessing system and other similar data and information which serve to avert danger in the event of attacks on our IT systems.
No conclusions are drawn by ITD GmbH about the data subject when using this general data and information. Rather, this information is needed to correctly deliver the contents of our website, to optimize the contents as well as advertising for our website to ensure permanent functionality of our information technology systems and the technology of our website and to provide law enforcement authorities with the information necessary for criminal prosecution in the event of a cyber attack. This anonymously collected data and information is therefore evaluated by ITD GmbH both statistically and with the aim of increasing data protection and data security in our company, ultimately in order to ensure the optimum level of protection for the personal data processed by us. The anonymous data of the server log files is stored separately from all personal data provided by the data subject.
6 Contact via the website
Due to legal regulations, our company's website contains information that enables prompt and direct contact with our company, which also includes a general address for so-called electronic mail (email address). If a data subject contacts the data controller via email or a contact form, the personal data transmitted by the data subject will be stored automatically. Such personal data voluntarily provided by a data subject to the controller will be stored for the purpose of processing or contacting the data subject. This personal data is not passed on to third parties.
7 Routine deletion and blocking of personal data
The personal data of the data subject shall be processed and stored by the controller only for the time necessary to achieve the processing purpose or to the extent provided for by the legislature in laws or regulations to which the controller is subject. If the storage purpose is no longer applicable or if the storage period prescribed by law expires, the personal data will be blocked or deleted routinely and in accordance with the statutory provisions.
8 Rights of the data subject
8.1 Right to confirmation
Any data subject shall have the right to request confirmation from the controller as to whether personal data concerning them is being processed. Should a data subject wish to exercise this right of confirmation, they may contact our data protection officer or another employee of the data controller at any time.
8.2 Right to information
Any data subject concerned by the processing of personal data has the right to obtain from the controller, free of charge, information on the stored personal data and a copy of this information alongside with the following:
- aims of processing
- categories of personal data to be processed
- recipients or categories of recipients to whom the personal data has been or is still being disclosed, in particular, the recipients in third countries or international organisations
- if possible, planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration
- whether there is a right of rectification or deletion of personal data concerning them or of a restriction on processing by the controller or of a right of opposition to such processing
- whether there is a right of appeal to a supervisory authority
- if the personal data is not collected from the data subject: All available information about the origin of the data
- whether there is an automated decision-making including profiling in accordance with Article 22, Section 1 and 4 GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for the data subject
Furthermore, the data subject has the right of access to information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information on the appropriate guarantees in connection with the transfer.
If the data subject wishes to make use of this right of information, they can contact our data protection officer at any time.
8.3 Right to correction
A data subject concerned by the processing of personal data has the right to request an immediate correction of inaccurate personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject has the right to request completion of incomplete personal data, including by means of a supplementary declaration.
If the data subject wishes to make use of this right of correction, they are entitled to contact our data protection officer at any time.
8.4 Right to cancellation (right to be forgotten)
Any data subject concerned by the processing of personal data shall have the right to require the controller to delete the personal data concerning them with an immediate effect, provided that one of the following reasons applies and insofar as the processing is not necessary:
- The personal data was collected or otherwise processed for such purposes for which it is no longer required.
- The data subject withdraws their consent on which the processing was based pursuant to Article 6 Section 1a GDPR or Article 9 Section 2a GDPR, and there is no other legal basis for the processing.
- The data subject opposes processing under Article 21 Section 1 GDPR and there are no overriding legitimate grounds for processing or the data subject opposes processing under Article 21 Section 2 GDPR.
- The personal data was processed unlawfully.
- The deletion of personal data is required to fulfil a legal obligation under the EU law or the law of the member states to which the data controller is subject.
- The personal data was collected in relation to information society services offered in accordance with Article 8 Section 1 GDPR.
If one of the above-mentioned reasons applies and a data subject wishes to have personal data stored at our company deleted, they are entitled to contact our data protection officer at any time. Our data protection officer will ensure that the request for deletion is complied with without delay.
If the personal data has been made public by our company and if our company, as the data controller, is required to delete the personal data pursuant to Article 17 Section 1 GDPR, our company shall take appropriate measures, including technical measures, taking into account available technology and implementation costs, to inform other data processors who process the published personal data, that the data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data from these other data processors, insofar as processing is not necessary. The data protection officer will take the necessary steps in individual cases.
8.5 Right to limitation of processing
Any data subject concerned by the processing of personal data shall have the right granted by the European legislator of directives and regulations to require the controller to restrict the processing if one of the following conditions is met:
- The accuracy of the personal data is disputed by the data subject for a period that enables the data controller to verify the accuracy of the personal data.
- The processing is unlawful; the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted.
- The data controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims.
- The data subject has filed an objection to the processing pursuant to Article 21 Section 1 GDPR and it has not yet been determined whether the legitimate reasons of the data controller outweigh those of the data subject.
If one of the above conditions is met and the data subject wishes to request the restriction of personal data stored by our company, they are entitled to contact our data protection officer at any time. The Data Protection Officer will arrange for processing to be restricted.
8.6 Right to data transferability
Any data subject concerned by the processing of personal data has the right to receive the personal data concerning them provided by the data subject to a controller in a structured, current and machine-readable format. They also have the right to transmit this data to another data controller without obstruction by the controller to whom the personal data has been made available, provided that the processing is based on the consent provided for in Article 6 Section 1a GDPR or Article 9 Section 2a GDPR or on a contract pursuant to Article 6 Section 1b GDPR and that the processing is carried out using automated procedures, unless the processing is necessary for the performance of a task in the public interest or in the exercise of public authority entrusted to the data controller.
Furthermore, in exercising their right to data transferability pursuant to Article 20 Section 1 GDPR, the data subject has the right to affect that the personal data be transferred directly by a data controller to another data controller, provided this is technically feasible and provided that the rights and freedoms of other persons are not affected thereby.
To assert the right to data transferability, the data subject can contact our appointed data protection officer at any time.
8.7 Right to appeal
Any data subject concerned by the processing of personal data has the right to object at any time to the processing of personal data concerning them on the basis of Article 6 Section 1e or f GDPR for reasons arising from their particular situation. This also applies to profiling based on these provisions.
Our company will no longer process personal data in the event of an objection, unless we can prove compelling grounds for processing that outweigh the interests, rights and freedoms of the data subject or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for the purpose of such advertising. This also applies to profiling insofar as it is connected with such direct advertising. If the data subject objects to our company processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right to object to the processing of personal data concerning them for scientific or historical research purposes at our company or for statistical purposes pursuant to Article 89 Section 1 GDPR for reasons arising from their particular situation, unless such processing is necessary for the fulfilment of a task in the public interest.
To exercise the right of objection, the data subject is entitled to contact the Data Protection Officer directly.
8.8 Automated decisions in individual cases including profiling
Any data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on them or significantly affects them in a similar manner, provided that the decision is not necessary for the conclusion or performance of a contract between the data subject and the controller, or is admissible under the EU or member state law to which the controller is subject, and such law contains appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject or is taken with the data subject's express consent.
Where a decision is necessary for the conclusion or performance of a contract between the data subject and the data controller or is taken with the express consent of the data subject, our company shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to effect the intervention of a person by the data controller, to state their own position and to challenge the decision.
If the data subject wishes to assert rights with regard to automated decisions, they are entitled to contact our data protection officer at any time.
8.9 Right to revoke consent under data protection law
Any data subject affected by the processing of personal data has the right to revoke consent to the processing of personal data at any time. If the data subject wishes to exercise their right to revoke their consent, they are entitled to contact our data protection officer at any time.
9 Data protection for applications and in the application process
The controller collects and processes the personal data of applicants for the purpose of processing the application procedure. Processing may also be carried out electronically. This is particularly the case if an applicant sends corresponding application documents to our company by electronic means, for example by email or via an online form on the website. If our company concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with legal regulations. If our company does not conclude an employment contract with the applicant, the application documents will be automatically deleted 6 months after notification of the rejection decision, provided that there are no other legitimate interests of the data controller in deletion the data. A burden of proof in proceedings under the General Equal Treatment Act (AGG) may serve as a legitimate interest in this sense.
10 Data Protection Definitions: Tracking Tools
10.1 Data protection definition for the use of Google Analytics
The data controller has integrated the Google Analytics component (with an anonymisation function) on this website. Google Analytics is a web analysis service. Web analysis is the acquisition, collection and evaluation of data on the behaviour of visitors to web pages. A web analysis service collects, among other things, the data on which web page a data subject accessed before arriving to the current web page (a so-called referrer), which subpages of the website were accessed or how often and for how long a subpage was viewed. Web analysis is mainly used to optimize a web site and for cost-benefit analysis of online advertising.
The Google Analytics component is operated by Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA.
The data controller uses the extension "_gat._anonymizeIp" for the web analysis via Google Analytics. By means of this extension, Google shortens and anonymizes the IP address of the Internet connection of the data subject when accessing our web pages from a member state of the European Union or from another contracting state of the Agreement on the European Economic Area.
The purpose of the Google Analytics component is to analyse the flow of visitors to our website. Google uses the data and information collected to evaluate the use of our website, among other things, to compile online reports for us that show the activities on our website and to provide other services in connection with the use of our website.
Google Analytics places a cookie on the information technology system of the data subject. It has already been clarified what cookies are. By placing its cookie, Google is enabled to analyse the use of our website. Every time one of the individual pages of this website is called up, which is operated by the data controller and on which a Google Analytics component has been integrated, the Internet browser on the information technology system of the data subject is automatically prompted by the respective Google Analytics component to transmit data to Google for the purpose of online analysis. As part of this technical process, Google obtains knowledge of personal data, such as the IP address of the data subject, which is used by Google, among other things, to trace the origin of visitors and clicks and subsequently enable commission statements.
Cookies are used to store personal information, such as access time, the location from which access came and the frequency of visits to our website by the data subject. Whenever you visit our website, this personal data, including the IP address of the Internet connection used by the data subject, is transmitted to Google in the US. These personal data is stored by Google in the US. Google may disclose personal data collected through the technical process to third parties.
10.2 Data-protection regulations regarding the use of newsletters
If you wish to receive the newsletter offered on the website, we need you to provide an e-mail address as well as information that allows us to make sure that you are the owner of the stated e-mail address and that you consent to receive the newsletter. We only use this data in order to send the requested information and offers.
The newsletter software used is Newsletter2Go. In connection with this, your data is sent to Newsletter2Go GmbH. Newsletter2Go is prohibited from selling your data and from using it for purposes other than the sending of newsletters. Newsletter2Go is a German, certified provider that was selected in line with the requirements of the General Data Protection Regulation and the German Federal Data Protection Act.
Further information is available here: https://www.newsletter2go.co.uk/information-for-newsletter-recipients/?_ga=2.151468351.781810373.1533556987-1924543483.1533556987
You can withdraw your granted consent to the storage of data, the e-mail address and use thereof for the sending of the newsletter at any time, for instance via the “Unsubscribe” link in the newsletter.
11 Competent data protection supervisory authority
Bavarian State Authority for Data Protection Supervision
Promenade 27 (Schloss)
Phone: +49 (0) 981 53 1300
Fax: +49 (0) 981 53 98 1300
12 Changes to the data protection definitions
We reserve the right to change these security and data protection measures as far as this becomes necessary due to technical development. In this case, we will also adjust our data protection policy accordingly. Please therefore note the respective current version of our data protection policy.